David Cox: What's bad for the goose … Augusta Free Press
Congress has power to regulate interstate commerce (Article I). But, Mr. Cuccinelli argues, “We contend that if a person decides not to buy health insurance, that person—by definition—is not engaging in commerce, and therefore, is not subject to a federal mandate.” Since such actions were neither anticipated nor permitted under the Constitution, they are precluded by the Tenth Amendment which reserves all such unmentioned matters to the states.
Well, maybe. But there are a few other matters to consider.
Like Article VI of the Constitution, which says that what Congress does under the Constitution is “the supreme law of the land” and supersedes state acts. Yes, if it’s deemed unconstitutional, then Congress can’t constitutionally do it. In ages past, states tried to define what was unconstitutional, but the doctrine of “nullification,” I thought, had expired along with the Confederate States of America.
Indeed, since then, Congresses have been doing similar things for years. One Congress decided to make everyone, with few exceptions, join up for Social Security, like it or not. Then Medicare—a veritable health insurance program for when one gets old (if 65 can be considered “old”: I no longer do)—which sounds pretty close to “Obamacare” to me.
Boston GlobeTransportation chief foresees MBTA fare increasesThe Commonwealth's citizens are the victim of bait and switch with both the sales tax and gas tax increasing to feed the beast that is the Great and General Court. Do these people have any sense of reality?!? We're living in an economy of wage freezes
